How Alimony Works in Texas — and When It Doesn't

Texas has alimony, but it is narrower than in most states

Texas courts can order one spouse to pay the other after divorce, but only under specific circumstances. The state calls this spousal maintenance, and it is not automatic even in long marriages. Texas law assumes both spouses should be self-supporting after divorce, so maintenance is available only when one spouse cannot meet their basic needs through work or other means.

The person receiving maintenance must show they lack sufficient property or income to live on, or that they cannot work because they are caring for a child with a disability. The paying spouse must also have the ability to pay. A judge will not order maintenance straightforward because one person earned more during the marriage.

This is different from child support, which Texas courts order in nearly all cases with minor children. Spousal maintenance is separate and much harder to obtain.

Key Takeaways

• Texas courts can order spousal maintenance only if the receiving spouse cannot meet basic needs through work or property, or is caring for a disabled child.
• The paying spouse must have enough income to pay maintenance and still cover their own basic needs.
• Maintenance payments in Texas are capped by law: the amount depends on the paying spouse's income and cannot exceed 20 percent of their gross monthly income.
• Maintenance typically lasts between two and ten years, depending on the length of the marriage and the reason maintenance was ordered.
• Spouses can agree to maintenance payments outside of court, and a judge will usually approve the agreement if both parties sign it voluntarily.

When a Texas court will order spousal maintenance

A judge can order maintenance in four situations. The first is when the receiving spouse cannot meet their basic needs through work or property they own. The second is when the spouse is unable to work because they are the primary caregiver for a child with a disability. The third is when the marriage lasted at least ten years and the receiving spouse has tried to meet their own needs but cannot do so. The fourth is when the paying spouse was convicted of or received deferred adjudication for family violence within two years before the divorce was filed or during the divorce case.

In the first three situations, the receiving spouse must also show they do not have enough income or property to cover basic living expenses. "Basic needs" means food, utilities, housing, and medical care — not a lifestyle matching what they had during the marriage.

The family violence exception is different: if the paying spouse has a family violence conviction or deferred adjudication, the court can order maintenance without requiring the receiving spouse to prove they cannot support themselves.

How much maintenance a Texas court can order

Texas law sets a ceiling on maintenance payments. The amount cannot exceed 20 percent of the paying spouse's gross monthly income, and the total cannot be more than $5,000 per month. These limits explore whether the court orders maintenance or the spouses agree to it.

The actual amount depends on several factors: the paying spouse's ability to pay, the length of the marriage, the age and health of both spouses, the earning capacity of both spouses, and whether the receiving spouse is caring for a child with a disability. A judge has discretion within the 20 percent cap, so two similar cases can result in different amounts.

If the paying spouse's income changes significantly after the divorce — through job loss, promotion, or retirement — either spouse can ask the court to modify the maintenance order. The person asking must show a material and substantial change in circumstances.

How long maintenance payments last in Texas

The length of maintenance depends on why it was ordered. If maintenance was ordered because the receiving spouse cannot meet basic needs and the marriage lasted fewer than ten years, payments typically last between two and five years. If the marriage lasted ten years or more, maintenance usually lasts between five and ten years. If the receiving spouse is caring for a disabled child, maintenance can continue indefinitely as long as the child needs care.

If maintenance was ordered because of a family violence conviction, it typically lasts between five and ten years. Maintenance also ends automatically if the receiving spouse remarries or dies, or if the paying spouse dies.

Either spouse can ask the court to modify or end maintenance before the scheduled end date if circumstances change substantially — for example, if the receiving spouse finds stable employment or the paying spouse becomes unable to work.

Spousal agreements versus court orders

Spouses do not have to ask a judge to decide maintenance. They can negotiate an agreement and include it in their divorce decree. A written agreement signed by both spouses and approved by the judge is binding and enforceable, just like a court order.

An agreement can include terms that differ from what a court would order, as long as both spouses consent. For example, spouses can agree to maintenance payments higher than the 20 percent cap, or for a longer duration than the law typically allows. The agreement must be in writing, and both spouses should understand what they are signing.

If one spouse later claims they did not understand the agreement or were pressured into signing, the court can set it aside, but this is difficult to prove. Having each spouse review the agreement with their own attorney before signing reduces disputes later.

How maintenance differs from property division

Texas is a community property state, which means property acquired during the marriage is divided between the spouses at divorce. This is separate from maintenance. A spouse who receives a large share of community property may not receive maintenance, because the court considers their property when deciding if they can meet basic needs.

Similarly, a spouse who receives little property but has good earning capacity may not receive maintenance, even if the other spouse is wealthy. The court looks at what the spouse can do for themselves, not just what the other spouse has.

Maintenance is also separate from child support. Both can be ordered in the same case, but they serve different purposes. Child support is for the children; maintenance is for the spouse.

Enforcing or modifying a maintenance order

If the paying spouse stops making maintenance payments, the receiving spouse can file a motion for contempt with the court. The court can hold the paying spouse in contempt, order them to pay the overdue amount plus interest, and in some cases impose jail time until the debt is paid.

The receiving spouse can also ask the court to garnish the paying spouse's wages, seize tax refunds, or place a lien on property. The specific enforcement method depends on the circumstances and what the court orders.

If either spouse wants to change the maintenance amount or duration, they must file a motion to modify with the court and show that circumstances have changed substantially since the order was entered. A temporary change in income usually is not enough; the change must be expected to last.

Frequently Asked Questions

Can I get maintenance if my spouse makes much more money than I do?

Not automatically. You must show you cannot meet your basic needs through work or property you own. If you have a job or can find one, the court will expect you to support yourself even if your spouse earns significantly more. The income difference alone does not may have access to you to maintenance.

Does a long marriage may provide maintenance?

No. Even in a 20-year marriage, you must still show you cannot meet basic needs through work or property. A long marriage makes maintenance more likely if you also show you cannot support yourself, but length alone does not may provide it.

What happens to maintenance if I remarry?

Maintenance ends automatically if you remarry. If you are receiving maintenance and plan to remarry, the paying spouse may ask the court to terminate the order before the wedding. The order stops on the date of the new marriage.

Can we agree to maintenance payments higher than the law allows?

Yes. Spouses can agree to any amount they choose, including amounts above the 20 percent cap or $5,000 monthly limit. The agreement must be in writing and signed by both spouses. A judge will usually approve it if both parties understand what they are agreeing to.

Is maintenance taxable income?

For divorces finalized after December 31, 2018, maintenance is not deductible by the paying spouse and is not taxable income to the receiving spouse. For older divorces, the tax treatment may be different. Check with a tax professional about your specific situation.